PUBLIC HEARING: Consider Request for a Variance to the Minimum Front Yard Setback Standard for Lots in Woodlands 3rd Addition (Project No. 16-87); Case of Lennar Corporation

Lennar (the "Applicant") has an approved final plat entitled Woodlands 3rd Addition that created twenty-one (21) new single family residential lots.  Lots 6-12, Block 2 and Lots 1-14, Block 3 Woodlands 3rd Addition (the "Subject Property") have stormwater ponds and/or wetlands in their rear yards that will limit the amount of usable area in the rear yard. The Subject Property is zoned R-1 Residential (MUSA), which requires a thirty (30) foot front and side corner yard setback for buildings. The Applicant is requesting a variance to allow a twenty-five (25) foot setback to create slightly more usable area in the rear yards of the Subject Property.

City Staff attempted to notify all property owners within 350 feet of the Subject Property of the request via U.S. mail and published a notice of public hearing in the Anoka Union Herald, the City's official newspaper.

City Code Section 117-111, R-1 Residential (MUSA) District, requires buildings to be setback thirty (30) feet from the front property line.  The Applicant is requesting a slightly reduced front and side corner yard setback of twenty-five (25) to create a bit more usable area in the rear yards of the Subject Property.
 
The Subject Property has a large area of wetlands and/or stormwater ponds in the rear of these lots that may create some potential hardships for future homeowners interested in typical homeowner improvements such as a deck or detached accessory building. The usable area in some of the rear yards will be as little as approximately fifteen (15) feet in depth (at least in portions of the yard).

The City did recently adopt an ordinance amendment that established, among other things, a minimum lot depth standard of 100 feet in an attempt to address these types of issues.  The intent of the ordinance amendment was to try and reduce some of the frustrations that homeowners were experiencing when applying for permits for improvements such as decks or sheds and finding out that it either wasn't possible and/or required an Encroachment Agreement or possibly even a de minimis exemption ruling by the Lower Rum River Watershed Management Organization (LRRWMO).  Furthermore, the amendment was also intended to help reduce the number of wetland fill violations that occur as a result of individuals desiring a larger, more usable rear yard lawn. However, due to the timing of the Preliminary Plat approval for Woodlands and the effective date of the ordinance amendment, that standard did not apply to the Subject Property.

A variance request of this nature is not necessarily unique.  In fact, a very similar variance was granted to a number of lots in the Brookfield subdivision that backed up to a large stormwater pond.  For many of the same reasons identified in this case, that variance was approved and allowed a twenty-five (25) foot front yard setback.

As a reminder, the Commission is acting in a quasi-judicial capacity on the variance request rather than in an advisory capacity.

Alternatives

Alternative 1.  Adopt Resolutions #16-07-127 and #16-07-128 granting a front and side corner yard setback of twenty-five (25) feet on Lots 6-12 Block 2 and Lots 1-14 Block 3 Woodlands 3rd Addition.  The City has acknowledged that lotsof this nature with lesser depths can be problematic for future homeowners attempting to install common homeowner improvements and can also consume a lot of Staff time either processing those requests and/or in addressing the illegal placement of fill.  Staff supports this alternative.

Alternative 2.  Adopt modified Resolutions #16-07-127 and #16-07-128 granting a front and side corner yard setback of twenty-five (25) feet for Lots 1-12 Block 2 and Lots 1-14 Block 3 Woodlands 3rd Addition.  While Lots 1-5 Block 2 do not have wetland and/or stormwater ponding in their rear yards, this would maintain a consistent setback all along Sapphire Street rather than having a staggered setback beginning mid block.  Staff is not opposed to this alternative but would note that some revisions to the Findings of Fact and Variance documents would be necessary.

Alternative 3.  Do not approve the variance request.  Homes can be sited on the Subject Property without a variance.  However, this may result in a greater likelihood of frustrated homeowners and consume more Staff time in the future addressing the aforementioned concerns.  Staff does not support this alternative. 
 

All costs associated with this request are the responsibility of the Applicant.

Staff recommends adopting Resolutions #16-07-127 and #16-07-128 granting a variance to allow a front and side corner setback of twenty-five (25) feet for the Subject Property.  Note that Staff is not opposed to including in the additional lots in Block 2 to maintain a consistent front setback along Sapphire Street.

Motion to adopt Resolutions #16-07-127 and #16-07-128 approving a variance to allow a front and side corner yard setback of twenty-five (25) feet on the Subject Property.